Roydosan v Barclaycard ***SETTLED IN FULL***

[gizmo111]

Is a 'Particulars of Claim' attached with the Allocation Questionnaire or is it something you send later?

 

What documents, if any, should I send with the Allocation Questionnaire?

 

The particulars of claim are the ones that you originally put on your claim form.

[roydosan]

Yes but that was only 100 words long (it was done online). Section G on the AQ asks for any further information. I just want to know whether I attach a more detailed particulars of claim with it or what do I put in this bit? The FAQs are not clear on this.

[bearo]

Threads merged, please stick to one per claim thanks!

[bearo]

Try something along these lines ....Look at the bottom of the AQ and you will see a form number, either N149 or N150. Depending on which form it is, go here for a guide to complete it and in Section G, I put the following text:

 

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

 

You'll have to write it in quite small handwriting as it only just fits in the space provided.

 

 

I hope that helps!

[gizmo111]

In the templates library there is a link ot a PDF version that you cab type info into - or copy and paste - whatever is appropriate.

[roydosan]

Court Hearing set for 11am 14 March 2007.

[roydosan]

Barclaycard have offered to settle in full, without any admission on their part that the charges are penalties, due to it not being cost effective to continue the case to its conclusion .

 

They requested a confidentiality clause initially but I have refused to assent to this and they have agreed to omit it.

 

I am continuing with the court case until the money has been transferred to my account.

[Hackers75]

Congratulations - I'm a few months behind you (just sent them a letter saying give me all my statements after receiving the standard microfiche blurb!

[roydosan]

Just found out they've credited my Barclaycard account with the full amount but it now means that my Barclaycard is in credit to the tune of £300! If I can withdraw the money a donation is on its way. I have to say I'm not happy about this and I'll be even more unhappy if they try and charge me for withdrawing the money from the card account!

[roydosan]

They've agreed to transfer the credit to my bank account so should get that hopefully before New Year. Donation on its way once it has cleared.

[MARTIN3030]

Congratulations !!!

Please take a minute to fill out the survey for us.

Title duly changed.....thanks for the Pm..your donation will be much appreciated:)

[TANZARELLI]

Congrats.

[TUTTSI]

Congratulations on your win.

DS

[datxman]

Well Done, I hope I am as successful as you are, enjoy your £300 from Barclaycard lol:D